Many in the public consider media ethics to be a contradiction in terms. And why wouldn't they, considering the Jayson Blairs, Janet Cookes and other members of the Society of Famous Plagiarists. In this profession, all you have is your name and credibility. Once you lose that, you need to find another job. The goal is no errors, but they happen every day in news organizations with a lot bigger staff than you'll ever have on campus. Have you seen the New York Times? The idea is that news organizations should acknowledge errors and correct them openly and honestly. Most reporters try to do the ethical thing, but there's not a law that requires it as such a law would go against the First Amendment. CODES OF ETHICS No law dictates journalistic ethics, but professional organizations use codes like that promulgated by the Society of Professional Journalists, the Radio-Television-News Directors Association and the American Society of Newspaper Editors. As collegiate journalists, you should be aware that the public expects you to operate by the same code of ethics promoted by the Society of Professional Journalists. The SPJ code contains four main components: "Seek truth and report it; minimize harm; act independently; and be accountable." Seeking Truth Journalists should do the most accurate reporting possible, identifying sources and only using anonymous sources in the rarest of cases. Information that comes from an unnamed or unknown source should not be used unless it can be verified through another, known source. If two independent sources verify the information and both are unnamed, an editor may decide to publish the information with careful consideration of the need for immediacy and the news value of the information. The source may be identified generally as one associated with an agency to give some degree of credibility to the information. The danger exists that the reader might not believe the information if sources are not given; the publication's credibility might suffer; information obtained later from a named source and verified might disprove the information given by the unnamed or unknown sources. Journalists should not alter any information in a story, digitally change photos or stage news events. Electronically altering the content of photos for news and general feature stories or as stand-alone news and feature photos is not allowed. Exceptions to this would be adjustments to contrast and similar technical enhancements that don't affect the truthfulness of the subject and context of the subject or the scene. Content may be altered for creative purposes as a special effect for a feature story if the caption or creditline includes that fact and if an average reader would not mistake the photo for reality. These photos are usually tagged as photo illustrations. In a news medium, readers expect photos and stories to be truthful. Set-ups or posed scenes may be used if the average reader will not be misled or if the caption or creditline tells readers that it is a photo illustration or re-enactment or re-staging of an event, including award presentations. Recording the original action is always preferred. Fabricated information has no place in journalism. Fictional and satirical writing should be clearly labeled as such if there could be a doubt in the reader’s mind about whether such writing deals with real events and persons. The use of composite characters or imaginary situations or characters will not be allowed in news or feature stories. A columnist may, occasionally, use such an approach in developing a piece, but it must be clear to the reader that the person or situation is fictional and that the column is commentary and not reporting. The growth of narrative story development (storytelling devices) means that reporters and editors should be especially careful not to mix fact and fiction, and not embellish fact with fictional details, regardless of their significance. Minimize Harm You must realize how your reporting will affect sources and readers. Make sure you treat all people and topics with sensitivity and respect. By using qualified sources and verified facts, you can minimize harm, defined as emotional pain, social ostracism or financial loss. Don't sensationalize a story to make it seem more newsworthy or gripping. Photos have a tremendous impact on readers. The question of privacy versus the public's right to know should be considered. The line between good and bad taste and reality and sensationalism is not always easy to draw. Care should be taken to maintain the dignity of the subject as much as possible without undermining the truth of the event. In making a final decision on a photo of this type, an editor should consider: Do the readers need information from this photo that helps explain the event better than words or another photo? Who is hurt by publication of this photo? Names of rape victims are not published unless self-identified. Victims of nonsexual crimes may be identified, but the publication has a responsibility to give some protection to the victims such as giving imprecise addresses. The name of an arrested person will be withheld until charges are filed. Conflicts exist between a person's desire for privacy and the public good or the public's right to know about a public person's life. Persons who freely choose to become public celebrities or public servants should expect a greater level of scrutiny of their life than a private person -- even a private person who suddenly is involved in a public situation. Staffers should make judgments based on the real news value of the situation, common sense and decency. Reporters and photographers should not badger a person who has made it clear that he or she does not want to be interviewed or photographed. One exception is those who are involved in criminal activity or in court. Publishing intimate details of a person's life, such as their health or sexual activities, should be done with extreme care and only if the facts are important for the completeness of an article and reflect in a significant way upon the person's public life. In addition to the information discussed in diversity and bias, journalists must also be aware of group identification. Identification of a person as a member of any population group should be limited to those cases when that membership is essential for the reader's complete understanding of the story; it should be done with great care so as not to perpetuate negative or positive group stereotyping. When identifiers are used, it is important that the correct one be used. Some examples of identifiers: Hispanic, Jew, lesbian, Italian, person with AIDS (PWA), physically challenged, hearing impaired. Act Independently Reporters should not have any obligation except to inform the public. Reporters should not join partisan organizations, accept gifts or special treatment, or work for anyone other than the media employer. Reporters may not cover an organization they belong to, or participate in any editorial or business decisions regarding that organization. Reporters should report their memberships to their supervising editor. To maintain the role of the press as an independent watchdog of government, a reporter should not be an elected or appointed member of government. Political involvement, holding public office and service in community organizations should be considered carefully to avoid compromising professional integrity and that of the publication. The notion of the journalist as an independent observer and fact-finder is important to preserve. A reporter involved in specific political action, especially in a leadership role, should not be assigned to cover that involvement. To remain as free of influence or obligation to report a story, the journalist, in pursuit of a story, should not accept free travel, accommodations or meals related to travel. For convenience, sports reporters may travel on team charters, but the publication should pay the cost of the transportation and related expenses. The same pay-as-you-go policy should apply to non-sports reporting as well, including business and governments. Free travel and accommodations that are non-coverage related and provided by a vendor may be accepted if the primary purpose is for education or training and is related to the fulfillment of an agreement or contract. If money is available, reporters assigned to cover a sporting event, lecture, play, concert, movie or other entertainment event should pay for admission. Free tickets or passes may be accepted by reporters assigned to cover an event or by those attending for legitimate news purposes, but reporters should never insist on free admission. Press facilities at these events may only be used by reporters assigned to cover the event. Free tickets or passes may be accepted by staff members for personal use only if tickets are available on the same complimentary basis to non-journalists. Books, recordings and other samples of inexpensive consumer products sent to the media for review are considered news handouts. Any materials given to the publication for review become the property of the publication and not of any individual staff member. The editor reserves the right to disperse the property in an equitable fashion. Reporters may not accept discounts on merchandise unless such discounts are routinely available to the general public. Unsolicited samples of expensive products also will be treated as news handouts and may be disposed of at the discretion of the adviser. More expensive product samples should be returned with a letter explaining the newspaper pays for such products when they are subjects of stories. Gifts should not be accepted. Any gift should be returned to the sender or sent to a charity. If the gift is of no significant value (e.g. a desk trinket, small food item or pen), the reporter may retain the gift. As a guideline, if the value is under $10, the gift may be kept. More than one gift in one year, even if under $10, from the same giver, may not be accepted. Whenever the cost of returning a gift exceeds its value, the gift should be turned over to the editor-in-chief whom will then dispose the gift. This policy is not intended to prevent a reporter from accepting a cup of coffee or soft drink or an inexpensive lunch/dinner from a source, provided the reporter regularly returns such a favor. Yet if you're interviewing someone, it's easier to order a soft drink and complete the interview instead of arguing about who'll pay for dinner. Always remember to be courteous. Other employment should not conflict with the reporter's first responsibility to the publication. Report any other employment to the editor to avoid any conflicts of interest with assignments or other staff editorial or business responsibilities or influences. To avoid a conflict of interest, a reporter should not hold similar positions on two or more news, public information or public relations media or organizations. Approval of work for an off-campus news medium and free lance media work should be sought in advance of the commitment. It is permissible only in a non-competitive medium, on a staffer's own time and should not conflict with the staffer's obligations to the publication. The publication "owns" the published and unpublished work done by staffers for a staff assignment. Ownership of unpublished work may revert to the staffer at a certain time if the editor agrees with this arrangement. The publication has unlimited use of the work. The act of voluntarily joining a staff indicates approval of this policy. Be accountable Journalists should be accountable to everyone in their audience and to their colleagues. They should avoid even the appearance of conflict of interest. If a mistake is made, admit it and promptly correct it. The media should provide a forum where the public can voice complaints, even those against the media. Reporters must declare conflicts and avoid involvement in stories dealing with friends and family members. Reporters should not cover -- in words, photographs or artwork -- or make news judgments about family members or persons with whom they have a financial, adversarial, or close sexual or platonic relationship. Intra-staff dating is not recommended if one person assigns or evaluates the work of the other person. Even though a reporter may be able to drink legally, no or only light drinking in a social setting such as a dinner or reception is recommended to avoid any suspicion by a source or the public that the reporter's judgment, credibility or objectivity is impaired by alcohol. When covering an event where alcoholic beverages are served, reporters should not accept free drinks unless drinks are free to everyone in attendance. Reporters should avoid the appearance that they are being "wined and dined" by any source or group. An inaccuracy is never knowingly published. If any error is found, the publication is obligated to correct the error as soon as possible, regardless of the source of the error. Editors and reporters should invite reader feedback and participation in the publication. Reaction by readers to what has been published should be invited through all methods of communication: paper, e-mail, phone, fax and in-person visits. Reader opinions and suggestions can form the basis for future reporting or commentary. COPYRIGHT ISSUES Plagiarizing someone else's work will get you fired and possibly sued. Plagiarism is defined as the word-for-word duplication of another person’s writing and should be limited to passages that contain distinctively personal thoughts, uniquely stylized phraseology or exclusive facts, including information derived from the Internet and electronic mail. A comparable prohibition applies to the use of graphics. Information obtained from a published work must be independently verified before it can be reported as a new, original story. This policy also forbids lifting verbatim paragraphs from a wire service story without attribution or a shirttail pointing out wire services were used in compiling the story. If copyrighted material has never been previously published, courts tend to favor the rights of the author to have the right of first publication. Be aware that just because a work does not display the copyright symbol, it does not mean the work is not copyrighted. Freelance journalists can negotiate copyright issues with the media organization. They want ownership so it can be resold in another format and they can continue to earn income from their work. In short, carefully cite material you use. LIBEL Even when media win a libel suit, they lose, i.e. the litigation hurts the media. Not only do libel suits take a lot of time, they typically cost upwards of $100,000. More importantly, the damage has been done in that libel suits add to the public's mistrust of the media. If a plaintiff can prove a published statement is false and it has hurt their standing in the community, he or she can sue for libel. If reporters correctly quote someone who makes a defamatory statement, the reporters and their employers can be sued for libel. Remember the word allegedly does not protect you from a lawsuit. In a libel lawsuit, anyone associated with the publication or distribution of the information, or anyone who has the opportunity to prevent publication or correct the information before it appeared can be sued. Libel occurs by the false and malicious publication of material that damages a person's reputation, while slander describes defaming a person's character via speech. Yet since the 1990s, both instances are prosecuted as libel if a report:
However the press enjoys protections under three circumstances:
Additional restrictions occur for public figures, i.e. they must prove the press acted with actual malice by publishing with knowledge that the report was false or by showing a reckless disregard for the truth. When Montgomery, Ala., city commissioner L.B. Sullivan sued the New York Times for allowing a full-page advertisement detailing the abuse of Rev. Dr. Martin Luther King, the Court ruled that the Times had not acted with actual malice in New York Times v. Sullivan (1964). On the other hand, the court ruled the National Enquirer acted with malice when it published a rumor that Carol Burnett was drunken and disorderly in a Washington, D.C. restaurant. Unlike libel, which deals with a person's reputation, privacy law deals with emotion, i.e. people sue due to their "right to be left alone." This basically falls into four areas: intrusion, private facts, false light and appropriation. Intrusion Intrusion occurs when journalist use physical, electronical or mechanical devices to invade another's privacy. Many states prohibit secretly recording a phone conversation or taking a photo or video. As long as they don't harass, trespass or otherwise intrude, journalists can photograph, film and record what can be easily seen or heard in public places. But remember, a shopping mall is a private, not a public, place. Private Facts Also known as "embarrassing facts," it's the publication of private information that would be considered highly offensive to a reasonable person and is not considered of legitimate concern to the public. Plaintiffs sue for shame, humiliation and mental anguish. When a Vietnam veteran saved President Gerald Ford's life, the San Francisco Chronicle reported the veteran was gay. He sued, claiming his sexual orientation was private and nobody's business. The Chronicle won by explaining that his sexual orientation was newsworthy because President Ford seemed hesitant to thank him when he found out. False Light Similar to libel, the plaintiff claims to be a victim of falsehood and might have to prove actual malice against the media organization. Typically, plaintiffs sue for mental anguish instead of loss of reputation. Appropriation Appropriation deals with the commercial exploitation of someone's name, likeness or identity, and rarely involves print journalists. In these cases, advertising or public relations people might be sued if they use a photo of someone in an ad or promotion without consent of the subject. (e.g. Arnold Schwarzeneggar) PROTECTING YOUR SOURCES A reporter should not promise confidentiality to a source without the permission of the editor-in-chief. Confidentiality should only be given if there is a real danger that physical, emotional or financial harm will come to the source if his or her name were revealed. Before a decision is made, the editor should (1) have all the facts and the source's name, and (2) know of any laws pertaining to confidentiality and disclosure. A reporter should make every attempt to get the same information from another source who agrees to be named since the goal is to attribute all information to a specific source for all articles. Judges invoke the Sixth Amendment as the reason journalists must comply with their orders to testify or turn over notes or other materials. The courts have said the government must establish three criteria before a journalist can be forced to testify:
States that have shield laws have similar requirements. Under U.S. Department of Justice guidelines, Justice Department employees must seek alternative sources other than reporters when possible. They must also negotiate with the media whenever possible, seeking subpoenas only if they have reasonable grounds to believe information is relevant and essential to the case.
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©Ronald W. Sitton 2009 |
